Tom Ekisa Ololi v Attorney General,Commissioner of Police & Ministry of Internal Security and Provincial Administration [2017] KEELRC 1529 (KLR) | Dismissal For Want Of Prosecution | Esheria

Tom Ekisa Ololi v Attorney General,Commissioner of Police & Ministry of Internal Security and Provincial Administration [2017] KEELRC 1529 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI

CAUSE NO. 876 OF 2012

TOM EKISA OLOLI …………………………………………..CLAIMANT

VERSUS

HON. ATTORNEY GENERAL………………………..1ST RESPONDENT

COMMISSIONER OF POLICE……………………...2ND RESPONDENT

MINISTRY OF INTERNAL SECURITY

AND PROVINCIAL ADMINISTRATION……….....…3RD RESPONDENT

RULING

1. The last time the Cause was before Court was on 19th October 2012 when Rika J stood it over generally, in the absence of the parties.

2. Since then, there is nothing on record to show that the Claimant has taken steps to progress the Cause for hearing. There is even no evidence that the Memorandum of Claim was served upon the Respondents.

3. On 8th March 2017, the Deputy Registrar issued hearing notices to the parties. The Claimant’s advocate on record acknowledged service.

4. When the Cause was called out for hearing on 3rd April 2017, none of the parties were present or represented.

5. With no evidence that Summons were served and further considering the failure to appear for the hearing, the Court orders that the Cause be dismissed with no order as to costs.

Delivered, dated and signed in Nairobi on this 5th day of April 2017.

Radido Stephen

Judge

Representations

For Claimant            Wamalwa, Abdi & Co. Advocates

For Respondents    no papers filed

Court Assistant        Nixon